Holding the Torchtag:typepad.com,2003:weblog-18348852015-03-01T16:27:14-05:00"Holding the Torch" is a regular and hopefully informative blog that discusses issues related to special education, school law, and juvenile law from the perspective of William B. Reichhardt, an attorney with more than twenty-five years of experience in those areas.TypePadHoldingTheTorchhttps://feedburner.google.comREFOCUSING MY PRACTICEtag:typepad.com,2003:post-6a0112793717e028a401b8d0e039b6970c2015-03-01T16:27:14-05:002015-03-01T16:27:14-05:00After practicing for over 31 years in the areas of school law, criminal defense, juvenile justice and family law, I have decided to pull back and refocus my law practice. In December 2014 we closed our Fairfax office and moved...Bill Reichhardt

After practicing for over 31 years in the areas of school law, criminal defense, juvenile justice and family law, I have decided to pull back and refocus my law practice. In December 2014 we closed our Fairfax office and moved to a part-time virtual office model in Alexandria, Virginia. I will continue to work in the areas of special education and school law. Specifically, I will concentrate on providing legal advice and guidance for parents of special needs children; legal consultation for parents of children with mental health challenges and continuing as general counsel for the Fairfax County Federation of Teachers.

As I pull back from many years of a litigation practice, I have come to a greater appreciation for the need for training and supporting experienced advocates who assist parents of children with special needs. This need is particularly acute in the minority communities.

As I move into the next phase of my legal career, I would like to put some renewed effort to mentoring young lawyers and continuing to work with educators, physicians and mental health providers to strengthen collaborative ties to the benefit of children. And yes, part of that effort will be to revitalize this blog. To those I have worked with and those I have yet to meet……..I’ll be talking with you soon.

Thanks, Bill

https://holdingthetorch.wbrlaw.com/holdingthetorch/2015/03/refocusing-my-practice.htmlA RECENT CASE THAT ILLUSTRATES THE CRITICAL IMPORTANCE OF COMPETENT LEGAL REPRESENTATION IN JUVENILE COURTtag:typepad.com,2003:post-6a0112793717e028a401a3fcca2f29970b2014-03-02T10:31:03-05:002014-03-02T10:31:03-05:00In a recent opinion issued by a Circuit Court judge in Stafford County, Virginia, we see how the struggle for justice after a juvenile defendant was ineffectively represented by his lawyer can take years to obtain relief. The case of...Bill Reichhardt

In a recent opinion issued by a Circuit Court judge in Stafford County, Virginia, we see how the struggle for justice after a juvenile defendant was ineffectively represented by his lawyer can take years to obtain relief. The case of E.C. vs. Virginia Department of Juvenile Justice, was an action for a Writ of Habeas Corpus brought on behalf of a teenager who was persuaded by his court appointed lawyer, to plead guilty to the crimes of burglary and rape. The problem - he was not guilty, and his lawyer had done virtually no independent investigation into the critical facts of the case. Even after the alleged victim recanted her accusations, it took almost seven years to clear the defendant of the criminal convictions and remove his name from the sex offender registry. All lawyers and judges who practice in the juvenile courts should read this opinion.

This case should serve as a reminder about the potential devastating consequences of poor legal representation in criminal cases. In juvenile cases, the standards for competent advocacy are more stringent that those for adults. This is in recognition that children are often more vulnerable to misunderstanding the judicial process or can be unduly influenced in their decision making.

Fortunately for E.C. and his family, justice ultimately prevailed. For juvenile justice advocates, there is a clear object lesson.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2014/03/a-recent-case-that-illustrates-the-critical-importance-of-competent-legal-representation-in-juvenile.htmlADVOCACY FOR PARENTS OF YOUNG ADULTS WITH SERIOUS MENTAL HEALTH CHALLENGEStag:typepad.com,2003:post-6a0112793717e028a4019b0442c72e970d2014-01-05T11:49:10-05:002014-01-05T11:49:10-05:00Some of the most complex cases in my practice involve guidance for parents of seriously mentally ill young adults. Contributing factors can include drug or alcohol abuse, resistance to treatment and the attempts by parents to leverage solutions without negatively...Bill Reichhardt

Some of the most complex cases in my practice involve guidance for parents of seriously mentally ill young adults. Contributing factors can include drug or alcohol abuse, resistance to treatment and the attempts by parents to leverage solutions without negatively enabling their adult child. Transitioning an impaired adult child from the home into the community is no easy task and when things go bad, there can be a heightened risk to the safety of the child or family members. Many parents express fear of contact with law enforcement and see the courts and community mental health system as unable to really address the specifics of their particular circumstances.

Often, these are very difficult cases. The implementation of safe and realistic changes should be a team approach. Every case needs a road map. Elements for these team strategies can include:

Therapeutic guidance for the parent(s) by a mental health professional with experience in transitioning young adults with mental health challenges. This is essential to developing a realistic plan in a thoughtful, step by step approach. It is important to support the emotional needs of the parent(s) as they learn to implement new strategies in a consistent and realistic way.

Securing experienced legal consultation for the parent(s) regarding the feasibility and proper application of legal boundaries and interventions to assist the implementation of the plan.

Obtaining proper releases to facilitate communication between the child’s treatment providers and the parent’s therapist and legal advisor. Current diagnostic/treatment information about the child ensures that the intervention team has good information about the child’s needs and tolerance for change. These releases are not always easy to obtain, but failure to have releases is not an obstacle to progress.

Each of these cases presents a unique set of facts and circumstances. By applying a team approach with experienced advisors, we can do a better job of helping parents in this situation.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2014/01/advocacy-for-parents-of-young-adults-with-serious-mental-health-challenges.htmlCONVERSATION WITH A STUDENTtag:typepad.com,2003:post-6a0112793717e028a4017c331adff0970b2012-11-04T17:32:29-05:002012-11-04T17:32:29-05:00As a lawyer and advocate there have been a few times in my years of practice when I encountered someone or something that really made a lasting impression. Such was the case a few weeks ago when I met Charles;...Bill Reichhardt

As a lawyer and advocate there have been a few times in my years of practice when I encountered someone or something that really made a lasting impression. Such was the case a few weeks ago when I met Charles; a 19 year old high school student with Asperger’s syndrome.

My office staff had received a call from a young man who said he attended high school in an adjacent county and he wanted to speak with an attorney to “help straighten out his IEP”. He was given an appointment and because he would be taking multiple buses to reach Fairfax, we allowed extra time on the schedule. He said he had all of his papers in order for the meeting. He was a no-show for the 2:00pm appointment.

At the end of the day I was preparing to leave my office when I heard the bell on the front desk. Upon entering the reception area I found Charles sitting on the sofa with a back-pack and a file folder in his hand. I introduced my-self and Charles apologized for being late for the 2:00pm appointment, saying that he had to take three different buses and walk the last two miles to the office. It was 6:00 pm and he had left home at noon.

We stayed for another hour and Charles told me about his frustrations as a special education student in his senior year. He recognized that most of his teachers were trying to help him, but said his transition goals and services were poor or nonexistent. He repeatedly said that he needed core courses like math and English, without which he said “I won’t amount to anything”. He believed the school had written him off as a kid with limited potential and he was trying to force the school to give him meaningful course work, “so I can get a real job”. To achieve this he was asking for help from a lawyer. I agreed to give him whatever help I could and asked him to let me copy the papers he brought and allow follow-up with school officials. He agreed.

After our meeting I drove Charles to a bus stop far enough to make his return trip easier and we talked about his lawn mowing business, his problems with family and his determination to make a better life for himself. He said he thought it was extremely lucky that the office was still open – he didn’t expect that and said that at least he would have known where the office was “for the next trip”. I told him I was very grateful to meet him and that I thought he was an extraordinary person. He certainly showed me something about self determination and self advocacy.

Shortly after this meeting, Charles said he had home problems and was forced to relocate to another State to live with relatives. I told him that I will keep his file open and whenever he needs help, just call.

I often think about Charles and the many young people like him. It helps to energize my resolve as an advocate.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/11/conversation-with-a-student.htmlVIRIGNIA’S SHELL GAME WITH EDUCATIONAL ANNUAL MEASURABLE GOALS (AMOs) WILL SHORT CHANGE MINORITY AND DISABLED STUDENTStag:typepad.com,2003:post-6a0112793717e028a40177447d1aca970d2012-09-03T07:52:04-04:002012-09-03T07:52:04-04:00Within the Last two months there has been a firestorm over Virginia’s new proposed goals to close the achievement gap for failing schools and student groups. The State has been granted a waiver from the requirements of No Child Left...Bill Reichhardt

Within the Last two months there has been a firestorm over Virginia’s new proposed goals to close the achievement gap for failing schools and student groups. The State has been granted a waiver from the requirements of No Child Left Behind and has used that waiver to set drastically low targets for student groups who have the lowest achievement rates. The State has identified these student groups by race and disability categories. In short, there are lower achievement goals for Black, Hispanic and Disabled children than for Whites. In some cases, the achievement gaps are as large as 40 percentage points.

The problems with this approach are apparent and disturbing. By setting the bar so low for underachieving groups, there is no incentive to bring all children to the same level of proficiency. Disparate treatment is actually built into the regulations. This is an astounding development and must be changed.

There is much more to come as education advocates around the State come together to force the Virginia Department of Education (VDOE) to reconsider these changes. To learn more about these issues and what you can do, click here.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/09/virignias-shell-game-with-educational-annual-measurable-goals-amos-will-short-change-minority-and-di.htmlTAKING A HARD LOOK AT THE ISSUE OF RESTRAINT AND SECLUSION PROCEDURES IN OUR PUBLIC SCHOOLStag:typepad.com,2003:post-6a0112793717e028a40163034239c9970d2012-03-25T11:34:52-04:002012-03-25T11:34:52-04:00I have seen the anxious expression on the faces of parents as they show me the photographs of injuries and the reports regarding school restraint incidents involving their special needs children. Not only does the issue create concern for parents,...Bill Reichhardt

I have seen the anxious expression on the faces of parents as they show me the photographs of injuries and the reports regarding school restraint incidents involving their special needs children. Not only does the issue create concern for parents, but teachers have told me that they feel vulnerable when there is inadequate training and guidance. These are difficult cases.

Most school districts have (or should have) specific written protocols and policies governing the use of restraint and seclusion of special education students in schools. The best policies involve parent input and consent for a graduated level of interventions. Teacher and staff training is an essential component.

On March 6, 2012, the National Disability Rights Network (NDRN) asked the U.S. Department of Education (ED) to do more to reduce and prevent the use of restraint and seclusion in the public schools. This is the third in a series of reports by the NDRN entitled "School is Not Supposed to Hurt". Citing statistics that injuries and some deaths are continuing to be the frequent consequences of school restraint, the study is a must read for those of us that work with children, parents and educators to preserve safety in the schools.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/03/taking-a-hard-look-at-the-issue-of-restraint-and-seclusion-procedures-in-our-public-schools.htmlLISTENING TO THE STORIEStag:typepad.com,2003:post-6a0112793717e028a40168e8f72fea970c2012-03-18T21:05:05-04:002012-03-18T21:05:05-04:00I have always believed that the best advocacy skill is to be a good listener. Before we give advice, analyze and problem solve with people, it is essential that we listen to what they are telling us about themselves, their...Bill Reichhardt

I have always believed that the best advocacy skill is to be a good listener. Before we give advice, analyze and problem solve with people, it is essential that we listen to what they are telling us about themselves, their lives and their children. This past week I had two really good opportunities to listen to citizens and parents of children in need.

The Loudoun Allergy Network (LAN) is a group of parent advocates for children with life threatening allergies. I attended a meeting to speak with them about the basics of special education law, but I learned much about the world in which they live. Listening to these parents revealed the particular hurdles that they and their children face every day in the public school environment. I heard about the need for constant vigilance against exposure to certain foods; how food is sometimes used as rewards in children’s school and social circles and how these children (and sometimes their parents) are the subjects of bullying because of the need for accommodations for the allergy disabilities.

This past weekend I attended a meeting of the Coalition of the Silence (COTS), a newly formed coalition of advocates, citizens and parents. This group will focus on a multiple of issues such as closing the achievement gap for poor and minority students, discipline reform and the needs of special education student in Fairfax County. In this first organizational meeting I listened to stories of children not eating on weekends until they return to school; children who do not have beds to themselves and sleep in shifts with adults who work at night and students facing racial stereotypes at school.

I encourage all advocates to take time to attend the local meetings and just sit and listen to the stories. It’s the best continuing education you can do.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/03/listening-to-the-stories.htmlTWO IMPORTANT SCHOOL DISCIPLINE BILLS MAKE IT THROUGH THE VIRIGNIA ASSEMBLYtag:typepad.com,2003:post-6a0112793717e028a40163026e9a62970d2012-03-04T17:47:51-05:002012-03-04T17:47:51-05:00In spite of the extreme partisan contentiousness of this session in the Virginia General Assembly, there are two school discipline bills that are headed to the Governor’s desk. This represents a significant step forward for educators and advocates working on...Bill Reichhardt

In spite of the extreme partisan contentiousness of this session in the Virginia General Assembly, there are two school discipline bills that are headed to the Governor’s desk. This represents a significant step forward for educators and advocates working on issues related to school discipline.

HB 367 passed both Houses of the General Assembly. This bill requires the state to annually publish disciplinary offense and outcome data in a format that is disaggregated by race, disability, and gender for each school. To read more about this bill click here.

HB 886 also passed both Houses and will make significant changes in how schools will deal with truancy. The movement of these two pieces of legislation through the General Assembly is due in great part to the tremendous effort of a large number of child and education advocates. Many worked through the JustChildren program of the Legal Aide Justice Center in Charlottesville. We are all thankful for their tenacious and dedicated work. Well done!

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/03/two-important-school-discipline-bills-make-it-through-the-virignia-assembly.htmlFAMILIES OF DISABLED PERSONS TO BE MOVED FROM VIRGINIA’S TRAINING CENTERS DESERVE A HEARINGtag:typepad.com,2003:post-6a0112793717e028a40168e7371fbb970c2012-02-12T09:57:23-05:002012-02-12T10:03:44-05:00On January 26, 2012 the U.S. Justice Department and the Commonwealth of Virginia filed a proposed legal settlement in the U.S. District Court in Richmond. This proposed settlement concerns the requirement for Virginia to expand community services and options for...Bill Reichhardt

On January 26, 2012 the U.S. Justice Department and the Commonwealth of Virginia filed a proposed legal settlement in the U.S. District Court in Richmond. This proposed settlement concerns the requirement for Virginia to expand community services and options for persons with intellectual disabilities who are currently placed in the five Medicaid certified “Training Centers” throughout the State.

Virginia is asking to close four of the five Training Centers, leaving one located in Southwest Virginia to serve as a crisis placement for only 75 residents (from all over the State). Appropriately concerned about the current lack of community services and Virginia’s historic failure to adequately fund community mental health services, the families of Center residents oppose the settlement agreement as it is currently proposed.

The Federal Judge presiding over this case, Honorable John Gibney, has the discretion to approve the settlement without a hearing or he can decide to hold a hearing. The families are now trying to marshal their resources to ask the court for a hearing on their objections. They deserve to be heard. To learn more click here.

https://holdingthetorch.wbrlaw.com/holdingthetorch/2012/02/families-of-disabled-persons-to-be-moved-from-virginias-training-centers-deserve-a-hearing.htmlCONTACT YOUR VIRGINIA LEGISLATORS TO PRESERVE SCHOOL FUNDINGtag:typepad.com,2003:post-6a0112793717e028a40168e6be29e7970c2012-02-05T11:14:37-05:002012-02-05T11:14:37-05:00The JustChildren program in Charlottesville and the Alliance for Virginia's Students are spearheading a campaign to convince legislators to preserve funding for Virginia's students. These organizations remind us that in 2005, Virginia ranked third in the nation in class size....Bill Reichhardt

The JustChildren program in Charlottesville and the Alliance for Virginia's Students are spearheading a campaign to convince legislators to preserve funding for Virginia's students. These organizations remind us that in 2005, Virginia ranked third in the nation in class size. Apparently we are now 41st.

As budgets get cut and experienced teachers, social workers and school psychologists retire, school districts are dealing with the crisis by not rehiring for positions lost by attrition. This increases the workload and stress that already exists for our educators. There comes a point when resources are stretched so thin that effective teaching suffers and there is greater risk for disproportionate treatment of students- particularly the poor.

Since the General Assembly is now in session, join these organizations by urging legislators to continue Virginia's investment in preschool programs, early reading interventions and smaller class size. Click here to see how you can help.